Thursday, June 16, 2011

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  • glus
    07-06 12:41 PM
    I wonder what.....something is coooking and they will be some changes soon. I have a feeling they are in fear of the lawsuit and media coverage as this thing has in fact taken off....




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  • ameryki
    01-05 06:25 PM
    I talked to my lawyer and she says I can travel without AP as long as H visa is stamped. I just found Press Release on same topic from USCIS. Here is the link

    http://www.uscis.gov/files/pressrelease/HandLFinalRule110107.pdf

    My wife is already in India; and I am going to follow her soon and we will be going to get our visa stamped.

    I hope this reduces some frustration.

    I don't think that was an issue ever. Also keep in mind the new PIM process which is now part of visa stamping might delay things if you go to get a visa stamped




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  • EkAurAaya
    07-11 02:15 PM
    "Demand for numbers will result in the Employment Third preference Other Worker category reaching the annual FY-2008 numerical limit. As a result, this category will become �unavailable� beginning in August and will remain so for the remainder of FY-2008. Such action will only be temporary, however, and the Employment Third preference Other Worker cut-off date will return to 01JAN03 in October, the first month of the new fiscal year."

    Question is how long will it stay 01Jan03?

    My PD is feb 03 :mad:




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  • ras
    10-16 05:47 PM
    Added some missing in's and to's, etc. if it appears appropriate, you may keep the changes.
    Issue/Background:


    To
    Mr. Michael Timothy Dougherty
    The Ombudsman
    Citizenship and Immigration Services Ombudsman
    United States Department of Homeland Security
    Mail Stop 1225
    Washington, D.C. 20528-1225

    Re: Issues caused by USCIS not following AC21 guidelines

    Dear Sir,
    This is to bring it to your attention the hardship faced by I 485 applicants because of inappropriate denials by USCIS with out adhering to AC21 guidelines.

    The American Competitiveness in the Twenty-First Century Act of 2000 (AC21) allows for a change of employer on any I-485 Adjustment of Status Application that has been pending for 180 days or more, without the need to file a new I-140 petition, provided the applicant�s new employment is in a similar/same occupation.

    According to the Memo released by William R Yates on August 4th 2003, the original I-140 is valid if it is approvable and form I-485 has been pending for more than 180 days. (Attached for your reference is the memo dated August 4th 2003 from William R Yates and the follow-up memo dated May 12th 2005 with relevant sections highlighted).

    Due to unreasonable delays caused by retrogression, many applicants have lawfully changed employers in accordance with the AC21 statute. Even though there is no requirement that USCIS be notified after a job change, some applicants have done so to prove that they are in compliance with this regulation. If the previous employer has withdrawn the previously approved I-140, AC21 guidelines state that if the applicant has not submitted evidence of a new qualifying offer of employment, the applicant be sent an NOID (Notice of Intent to Deny) to deny the I-485 application or a RFE (Request for Evidence) . If the response to the NOID/RFE is timely and indicates that the alien has a new offer of employment in the same or similar occupation, USCIS may consider the approved Form I-140 to remain valid with respect to the new offer of employment and may continue regular processing of the Form I-485.

    Over the past few months, a disturbing pattern has emerged with cases where the applicant has changed employers. USCIS has started to deny I-485 applications where the underlying I-140 has been withdrawn by the previous employer without issuing a NOID or an RFE. Even those applicants who have notified USCIS the change in employers have had their I-485 denied.


    After the denial of I-485, the applicant has to file a MTR (Motion to reconsider) with USCIS to re-open the case. In addition to the financial burden of filing and legal fees and psychological stress, the applicant has to stop working because of the denial of the I-485 until the case is re-opened. This could be anywhere from a month to a few months. Needless to say, employers are unwilling to keep the job position open for such a long period and the applicant in most cases is looking at potential loss of employment. The applicant who has followed the law to the fullest extent is unfairly punished on account of USCIS not following the AC21 provisions.

    This is a request for you to intervene to ensure that the AC21 regulations are adhered to when adjudicating an I-485 application. If the applicant notifies USCIS of a change in employment under AC21, this could be added to the applicant�s physical file and electronic records. If there is no such notification and the previous employer withdraws the I-140, the applicant could be issued a NOID/RFE instead of out rightly denying the I-485 application.


    Should you have any questions, please do not hesitate to contact.

    Thank you in advance for your kind attention and cooperation in this matter.

    Thanks,

    Your Name
    Your Address
    Your Phone Number



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  • ab_tak_chappan
    08-15 08:53 PM
    do u expect people to stick around even they get their GC? come on dude.. once anyone gets a GC they start working towards their next target. I don't see anything wrong in it:D:D
    True, once the people realize that they are close to GC they forget all tasks and move on to the other forums (R2I or USC or whatever) there are very few who actually stay on and help add this to the fact that most of the EB3-I's got fed up with the nonsense going on (most were only looking for a sounding board to voice their dismay, instead they were reminded of the caste system). So EB2's stop working because their PD is current and EBs stop because there is little hope/chance/help. We can dissect the VB as much as we want, the fact of the matter is that EB3 as a whole and EB3 (india &China) in particular are screwed big time. There is hope in the Logfren bills but the congress seems to have other 'important' issues to discuss.

    We should take the campaign to a new level move from individuals to involving groups and compaines. They have more money and power to make things move. EB3 & EB2 discussions will go on for ever, we can either decide to wallow in our sorrow or do something. Lets identify groups who can help us and write to them. Each EB should talk to his/her HR and ask them to write a letter to their congressman/Senator it will have a bigger impact.

    What are your thoughts?




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  • Green.Tech
    05-29 09:56 AM
    Back on top...



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  • ItIsNotFunny
    03-11 01:34 PM
    My application was finally approved yesterday after almost 7 years in queue. Here is the sequence of events right before the approval.

    RFE email on 02/13/09
    2nd Biometrics Notice received on 02/17/09
    Lawyer receives RFE for EVL, EAD cards and Marriage Certificate on 02/24/09
    Completed Code 3 Biometrics on 02/26/09
    Soft LUD immediately after Biometrics on 02/26/09
    USCIS receives RFE reply on 02/27/09, Hard LUD and email on the same day
    Another soft LUD on 03/02/09
    CPO email on 03/10/09
    Welcome email on 03/10/09

    My PD has been current for a long time, but my application had not been touched and then suddenly USCIS became a model of efficiency. I am sure they are opening applications and approving or RFE'ing all they can. Hang in there guys.


    Congratulations! Hope you have stressless life ahead.




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  • ssss
    08-11 05:45 PM
    ssss,
    I mean did your employer sent you the approval copy or the Online status changed ? The reason i'm asking this question because lot of times the Online status never changes for 3-4 months from 'Pending' to 'Approved'. When did you file your EB3 140 at NSC ? i filed in May 2007 - pending for 15 months by now.

    Would you mind if i ask you when you've seen the LUD change before approval ?

    Thanks for your time !

    I didnot have any LUDs on my I-140, On 08/08 I recd the approval email directly. The only LUD on my case was early this year when I filed AR-11. My employer did not send the letters, I was still convincing them to sign. My application was filed at TSC on 07/30/07 concurrent.
    HTH



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  • Suva
    07-19 02:14 PM
    This is the way it is going to work

    I-485 Processing would start depending on RD (Receipt Date). But at the time of approval PD should be current and if it is current then the applicant whose RD (Receipt Date) is oldest would get the approval first.




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  • smsthss
    08-26 10:15 AM
    Is this true? Can we include the interest paid in India's property loan in our tax returns 1040 in US? I was thinking it was not possible? Can someone confirm this..

    Not sure about which bank would be good but whichever bank you choose make sure that they give you a statement of how much interest you paid over the year. Most people don't realize that you can deduct interest paid for a home loan in India is tax deductible in the US. Just FYI.



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  • crazyghoda
    03-02 11:46 AM
    ... its just an acknowledgement of reality as it stands today.

    Of late I have started reading forums at R2ICLUB - R2ICLUB - Articles Front Page (http://www.r2iclubforums.com/) to get an idea of what it would take to go back to India. My last trip home was quite an eyeopener. Bombay has really improved a lot from what I saw last year and that much progress in a year was quite simply - amazing. I am guessing other metros in India (Delhi, B'lore, Hyd) are moving even faster since they dont have the typical politics that plagues Maharashtra.

    Am I going to pack my bags and move tomorrow? Definitely not. But I'll definitely throw feelers out and see what kind of position I can get back home.

    Good luck to all - whether you stay here or decide to go back or move to Canada or UK or EU or ....




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  • leoindiano
    06-11 09:19 AM
    i dont agree with you, These things are against the law.

    1)
    All we need is a recapture. Lets concentrate on the bills in congress and senate and get them passed. This needs very less effort than what you prescribed.
    2) If 1 fails,
    There is no descrimination as such, this is more of a outdated law and bureacratic delay caused wastage of numbers, lets fight it in legal system. Some asylum case won against wastage, why not ours? We have big numbers, If everyone can contribute, this will happen. Hire the same lawyer and am sure he/she wont charge more than what(if any) they charged to an asylum case....



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  • Jelena
    07-18 08:23 PM
    Contributed 100$. Thanks, IV!




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  • mpadapa
    09-29 07:07 AM
    Looks like USCIS did all the easy work in June and now they are getting to grip with the reality (that they cannot process even 140K GC in a year!!!). How shameful. May be all the USCIS folks worked so hard during the last few weeks in June that they would have taken a long break from work after June:D:D

    If there is a official press release regarding the visa number wastage, then we can take that along with the July 2 visa bulletin and meet with lawmakers to get some accountability from USCIS. This is BS.



    Oh Law Firm Update :
    09/28/2007: Depressing News for the Year-End Backend 485 Delays and Potential Waste of Visa Numbers for FY 2007

    Unconfirmed sources indicate that two days before the end of FY 2007, there may be a substantial number of 485 applications for which visa numbers are available but have yet to be adjudicated, indicating that some visa numbers could be wasted this year. We know that the Service Centers have been working day and night and did not have enough resources to deal with the crisis which was brought about by the recent Visa Bulletin fiasco. We just hope for the better new fiscal year that will start from October 1, 2007.



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  • ragz4u
    03-09 08:34 AM
    They are debating whether the current 2000 border troops should be increased to 2400




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  • chi_shark
    06-11 12:14 PM
    Hmm... so whats stopping you from making 80-100 an hour on contracting now? do you have EAD?


    It is not a big deal dude...if not for this immigration system, we could be making even more..think about $80-$100/hr if you are an independent contractor. This a minimum for a decent contract with vendor directly.
    And if you have ~100-200K for investments, with some experience and any luck..you could be making another 100K out of it from trading and active investing in other areas. That comes to ~250-300K minimum. There are no bounds when life is free and in this great country. Unfortunately, things have turned discriminative and our potentials are being restricted(atleast for non-EAD guys) and you have to be prepared for getting outright kicked out of this country.



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  • singhsa3
    07-20 03:48 PM
    Not sure what your concerns are my freind. My intentions were pure and as follows:
    a) We have won a battle but war is far from over.
    b) Whole point of being able to file 485 is to obtain interim benefits, if there are substantial delays then whats the point.
    c) There are other priorities in the life and it will be unfortumate if those are hostages to EAD/GC/AP.
    e) The reality of the situation might inspire people to make change happen.

    Having said that, I would like to express my disappointment on your tone of the message. Unlike yours, my message was not personal in nature. Your comments made me feel bad. I urge you to please exercise restraint. We are a team here!

    Preparing for future is one thing but if you think that this is a valuable thread then go with it and enjoy, i just find it disheartening that people are trying to undermine whatever has been achieved by such threads (Like i said, he might be completely right but is there a need to tell it this way) and what are you going to prepare for the future ;) Do you know it ? (If you do, please keep it to yourself and enjoy or cry about it). Right now, i want to be positive and enjoy the fruits of what IV has done to get some relief, why use negative logic to undermine it and that is what i am saying. Leave us alone, who like IV and who want to have a moment's respite. Chill out dude, no offence meant and this my only response, will not reply if you attack me, so cool off.


    So what are trying to prove ? Generally i dont respond but this just shows that you have a lot of time. Why dampen people's spirits by such post or why try to say that whatever IV has done is a waste. That is what i get from what you have posted. If you are cynical, keep it to your own self, dont start such negative threads. Dont know you and this is not a personal attack but think twice before you create such posts, because they are disheartening for many (including me) who are so frustrated that they can believe any thing negative. Chill out and let us enjoy the moment why we have it, if things change over the period, we are fighters, we will survive but dont add to our problems by your predictions and logic (which might be right to start with but do we tell cancer patients that they are going to die on such and such date).

    No offence intended but cool off.




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  • ramus
    09-09 10:14 AM
    GCOP
    Junior Member Join Date: Nov 2006
    Posts: 1


    $100 Contribution

    --------------------------------------------------------------------------------

    I just made $100 contribution for Rally on Sept.18
    Google Order# 664888870694671

    PD:Oct.03, EB-3
    I 140 Approved
    I-485 filed on July 25,07




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  • Mouns
    04-30 03:37 PM
    And the situation prior to surge wasnt any better either. I remember in 2006, the PD for India EB3 was April 2001 and now its Nov 2001. :mad:

    This was directed to people who were current. If you are from India, China, Mexico, Philippines, get used to waiting. Your backlog is due to numerical limits. And this won't change (the way I see it)




    nogc_noproblem
    07-11 01:30 PM
    In order to avoid visa wastage, there is no ‘per country limit’ during the last quarter, that could be the main reason for this quantum leap in EB2-I PD movement.

    Looks like DOS was not clear about the number of pending cases until a month ago and that’s why this movement was not happened last month - July, which was the first month in last quarter.


    There could be two reasons for this huge forward movement for EB2.

    1) They want to minimize wastage by making more visas available for CP.
    2) There was some heartburn among EB2 China applicants when their PD was set to April 2004. Since there are a lot more EB2 India applicants with PD's earlier than that, they felt that most of the EB2-ROW spillover would go to India. Moving the dates forward to 2006 would ensure that EB2 China gets a decent share of the spillover.

    Although this is unfair to folks with earlier PD's and is sure to cause a lot of heartburn, I would rather see the visas get used than get wasted again. Looks like the USCIS is setting a pattern of giving a year end bonanza to a few fortunate folks. Let the annual sweepstakes begin! Good luck everyone!!




    GC Process
    12-04 05:01 PM
    Hi Jimi,

    I live in O.C as well. Lets connect! Send me an IM with your contact details.

    Thks!



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